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Thu 31 May 2012
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Will disputes 'on the rise'
Tue 30 Nov 2010
A growing number of cases involving disputes over inheritance are being contested at the High Court.
The Times reports that family law experts have become increasingly sought after in the UK, as instances of remarriage, divorce and the property market boom have combined to push disputes over wills to record levels.
Last year, the number of such cases that reached the High Court was 110, which represented a 38 per cent increase on 2009's figure.
According to the newspaper, the "changing nature of British family life" is seen as a major factor in this rise.
Divorce is now commonplace in the UK, while remarriage can often complicate the situation and increase the likelihood of a legal battle over inheritance.
Furthermore, Britain's long-term boom in house prices has meant many property owners are leaving large estates when they die, which also boosts the potential for disputes.
One recent case saw former lecturer Christine Gill challenge her parents' legacy after they left their £2 million estate to the RSPCA.
The will was eventually overturned last year after a High Court battle, but the charity launched its own challenge against that ruling on Monday (November 29th).
Jacqueline Major, family law specialist at Winckworth Sherwood solicitors, commented: "Challenging wills, and other forms of contentious probate such as actions against trustees, are a huge growth area in litigation. With many people owning their own homes, and thus their personal estates being greater than they themselves ever anticipated, where they leave their estate after death can come under intense scrutiny from family members.
"Challenges to wills can take many forms. The most common is where a litigant feels he has been unfairly left out of a will, or that insufficient provision has been made for him under a will. Such challenges can be made under statute, known as the Inheritance (Provision for Family and Dependants) Act. A will can be disputed as to its form, questions can arise as to whether the testator had capacity to make the will, or even whether a will is a fake and forgery. It goes without saying that a professionally prepared will, by a solicitor specialising in wills and probate law, can minimise the risk of a challenge. But with the rise of "home made/DIY" wills, and commercial mass produced wills from will writers, comes the rise of claims against "dodgy" wills.
"All these claims are complex - they involve complex areas of law and as a relatively new growth area, there is not clear case law on the factors a court will look at to determine the claims. Plus they are always very fact specific - no two claims will be alike, they will all have their individual features - for example, the relationship between the testator and the claimant, the size of the estate, who are the other beneficiaries and how many, was the will drawn up professionally and with legal advice etc.
"Anyone considering bringing such a claim, or who finds themselves, perhaps as an executor or a trustee on the receiving end, should take expert advice from a family law solicitor who practices in the area of contentious probate. Both Carol Ellinas and Jacqueline Major at Winckworth Sherwood have many years of experience in this area and both have dealt with extremely complex contentious probate matters."
